Revolutionary War Pension and Bounty Land Warrant Application File R. 60, Theophilus Field, Va. Sea Service

SERVICE
NUMBER
Va. sea service
Field, Theophilus
R. 60.
Va. Half Pay
CONTENTS
See Acc. No. 837 - Virginia State Navy Theophilus Field, J Y S File Va. Half Pay

Certif. of Thompson Field, du?
24. May 1838
Act 5. July 1832
Record vol 43, page 133.

Pearson Offn
May 24. 1838
I certify that I have examined the claim of the late  W m Margaret B. May, daughter and sole heir of the late Theophilus Field, dec d . who was a Lieutenant in the Navy in the service of the State of Virginia during the Revolutionary war; that he continued in the service to the end of the war; that he died in June 1789, between the 28 th of June and 28 th of Sept. of that year; 1789 & that the case is embraced by the provisions of the act of the 5 th of July 1832, entitled "an act to provide for the liquidating and paying certain claims of the State of Virginia;" that the claim should therefore be allowed at the rate of one hundred and eighty two dollars and fifty cents per annum from the twenty second of April seventeen hundred and eighty three when the war terminated, to the 28 th of June  twenty eighth of June seventeen hundred and eighty nine, when he died; and that the amount is payable to John F. May. Esquire, of Virginia, the administrator, who is now present.  Approved
acting Secretary of War
E
Commis n of Pensions

Thos. H. Field deed Act July 5. 1832
Jan 26 1847
Recorded Vol 143, page 186.

Pension Office
January 26. 1847
I hereby certify that I have examined the claim of the administrator of the late Theophilus Field, dec d . who was a Lieutenant in the Virginia State Navy during the revolutionary wars , and I find that half-pay under the act of 5 th July 1832 is still due from January 1. 1782 to the 22 d of April 1783. Therefore certify that the claim should be paid for the above mentioned period at the rate of one hundred and eighty two dollars and fifty cents per annum; and that the agent of the claimant  administrator requests that the amount may be remitted to John F. May, Esq. at Petersburg, Virginia, administrator of said Field.
Commissioner of Pensions
Approved
Secretary of War.
Enter this on the Reg. act 5 July 32

January 15, 1937
xxxxxxxxxxxxxxxx
BA-J/EE Theophilus Field-R.60
Mrs. R.J.Henry 212 Dunsmere Avenue Pueblo, Colorado
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Theofolus Field, lieutenant, Stephen Field, lieutenant and John McKinney, sergeant, all of Montgomery County, Virginia.
No claim could be identified as that of the John McKinney in whom you are interested, and there is no claim for pension or bounty land on file based upon the service of a Stephen Field or Fields. Such claims are the source of the data furnished by this office. The record of Theophilus Field has been found and is furnished below, the data for which were obtained from Revolutionary War claim, R.60.
The date and place of birth and the names of the parents of Theophilus Field are not shown.
Theophilus Field served as lieutenant in the Virginia State Navy, Revolutionary War and continued in service until the close of the war.
He died in 1789, between June 28 and September 28, place not stated.
Reference is made to only one child of the above named officer, Mrs. Margaret B. May. In 1846, one Judge John F. May, of Petersburg, Virginia, was the administrator of the estate of Lieutenant Theophilus Field. It is not shown whether or not he was the husband of Margaret B. May. The name of her mother and date of marriage of her father are not shown.
The Virginia Half Pay pension which was due on account of the service of the officer named above, was paid John F. May, Esq., of Petersburg, Virginia, as administrator of the estate of said Theophilus Field.

It is shown that the Honorable Thomas H. Bayly, member of Congress in 1846, was a son-in-law of Judge May.
Kindly make your requests over your personal signature.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

1937-Jan 15. check to Mrs R.J. Henry - Ek.
No. 
60
AGE OF FEBRUARY 14, 1871.
WAR OF 1812.
3109
Theophilus Field Lieut
U.S. Navy Revolution
Discharged _____, 18
4009
Admiral
Navy Pay — act '32
Received _____, 187
60. 60. Attorney.

May 26. 1886 care of Theophilus Field dec'd in Pay Sum of Attorney
Prof. J. S. May
Not pay case
Com.
See letter Aug 10/86 to Hon. J. H. May
See May 29
Com. Pensions
Thos Field
Wm H. H.

James L Edwards Esq. Counsel of Pleas Present

Washington: Decr 29 th 1846
Sir:
It is now a long time since the claim of Lieutenant Theophilus Field has been before you awaiting a favorable decision to which it is clearly entitled, or else you must in this case act contrary to all custom, rule, or even in direct opposition to your own decisions in cases precisely similar. This case, it is true, is at best but a trifle, scarcely worth contending about, but when principle as well as right is involved it then becomes our indispensable duty to have this subject investigated and ascertain the rules by which you act, and whether you have two sets of rules applicable to cases precisely similar, and the why and wherefore you have allowed Captains Wright Westcoat, Wyllie Wilson, William Saunders and John Harris, each of whom have drawn bawd for a service to the end of the war as well as Lieut. Theophilus Field. Yet each have been paid by you from 1 st January 1782, whereas you now refuse to pay Lieut.

Field from the same period you have done the others with precisely the same objections applying to those four others that does to Lieut. Field.
Your objection in Field's case is that the allowance of the Governor and Council in this case was for a service to the end of the war. So it was in the cases of the four Officers above named and which you have paid from 1 st of January 1782 and now refuse Lieut. Field.
Sir, you surely know that all supernumerary Officers were in service to the end of the war & this you have only to examine in your own office and you will find supernumeraries draw land from the United States the same as those who were in service to the end of the war. You have also in your office a list of warrants issued by Virginia to her Officers where upon an examination you will find that all supernumeraries drew land and you will further find that such as were more than six years from their commencement to the 3 d of Nov.

ember 1783 (the day on which the Congress of the United States decided the war to be at an end) drew the additional quantity of land for the excess of time beyond six years from the time of their commencement until the end of the war, many of whom you will find were paid this half pay from the 6 th Feb'y 1781 or 6 th Feb'y 1782 to day of their death altho' they had drawn this additional land for a service to the end of the war, and you, Sir, have in like manner paid several whose names will be given who are reported as super- =numeraries and drew land for a service to the end of the war, but were paid by you from the 1 st January 1782; and yet Lieut Field standing in precisely the same situation as the others, paid by the Secretary of the Trea- sury and also by you is now refused by you.
But, Sir, to cut this matter short see Hennings's statutes  statistics at large, Vol: 10, page 450, which expressly says "the Officers of the Navy of every description be and are hereby re- duced" ( not discharged, but reduced ), & they were

reduced and become supernumeraries and were liable to be ordered into service at any time when wanted - The very term Supernu= merary implies an officer without a Com= mand and those supernumeraries were construe= tively in service to the end of the War (3 rd Nov r
1783). - I, Sir, must ask of you to take this case up again and examine it impartially when I hazard little in saying that you will at once find that you have heretofore done us great injustice and will at once see that all Supernumerary officers were in this respect in service to the end of the war and that yourself have passed on the claims of numbers precisely similarly situated as the case of Lieut Field's. -
I pray you, Sir, do me the kindness to take up this case and dispose of it as early as practicable in order that if we cannot have our claim passed on by you in the same manner that all others sim= ilarly situated have been passed on and paid that we may have the opportunity of a dernier resort to Congress yet in time for action before the adjournment as it is not not possible that we can silently acquiesce in a decision by you in our case

directly at variance with your action on all other cases similarly situated.
The list of cases of Supernumeraries referred to who have rec d . land to the end of the war and have rec d . half pay per judgments of the Court of appeals, by the Secretary of the Treasury and by you , will be given on another paper.
- The 3 d section of the act of Congress of the 5 th July 1852 provides that the Secretary of the Treasury shall audit and pay the half pay claims of those who have not prosecuted to judgment, and be came entitled agreeably to the principles of the decision of the Supreme Court of appeals of Virginia, (and not agreeably to the will of the Commissioner) see the cases in the list here referred to: To wit Capt. Richard Barron, Surgeon Anthony H Dixon, Col. George Gibson, Capt. John Hurney, Capt. Thos. Marshall Major Chas. McGill and Lieut. Henry Rowles all of whom as supernumeraries drew land from Virginia for service to the end of the war,

yet all have obtained half pay through a judgment of the Court of appeals for a period of time commencing 6 th Feb'y 1781 that of the earliest to 22 d of April 1783 that of the latest (John Kenny) all others were in fact 6 th Feb'y 1781. or 6 th of Feb'y 1782. - McGill's was from 18 th of April 1783 but he had been paid half pay by Virginia at an early day up to that period and it only now remains to be seen whether the certificate of the Governor and Council of the State of Virginia - the laws of Virginia - the decision of the Supreme Court of appeals of Virginia - the act of Congress of the 5 th July 1832, or the ipse dixit of the Commissioner of Pensions shall predominate and be paramount to all law
Yours respectfully
James L Edwards Esq Commissioner of Pensions Present
Henry Warfield

Hon. J. H. Bayly
10. Aug. 1846.

Pension Office August 10. 1846
Sir,
I have again taken up the case of Lieut. Theophilus Field, dec d . From the evidence originally filed in this case, it would seem that he served to the end of the war, and from that time half-pay (April 22 d 1783) half-pay has been allowed. It is now alleged, and attempted to be shown, merely by letters, however, that he left the Navy before 1783, and half-pay is claimed from an earlier period. Before any further allowance can be made we must have positive proof as to the particular time when he left the service. To fix upon a time merely at the suggestion of any one who may advocate the claim, or to substitute opinion for fact, would be wholly inconsistent with the practice of this Office in the investigation of claims. It is not in
Hon. T. H. Bayly House of Reps
Shawkel
act 5 July 32 Vn. col d Cute this

House of the Representatives Jan: 6 th 1846
My dear Sir
I rec d . the enclosed papers from Mr. Worth with a request that I would examine the argument & if I concur in its bearings to endorse it. I am not well enough acquainted with the law relative to the subject to express a positive opinion, & my public engagements are such as to make it im- possible for me to examine them. But if the facts which Mr. Worth states are true, I am sure your former rejection of the claim has resulted from your not examining it in the

Your usual care. I ask you respectfully to recommend the case & in doing so, carefully examine the papers enclosed.
The claim is my father's in Law's (Judge May) & hence the interest I take in it.
Be good enough to examine the case as soon as possible. Very respectfully W. Gurnee
656: Edmund
Th: H. Bayly

is referred to the books and records in her own right and in the names of the claimants filed by the Secretary of the Treasury. Also to the list of judgments obtained against the Commonwealth of Va in Chancery 1830 and afterwards confirmed by the Court of Appeals. To the report of the Committee for the pay of the claimants at the Sycamore Camp of 1831. 2 of which John W. Marlowe was Chairman. The War Department for all lands of Va the war records were given etc. prior to Sept 1833 and for my superintendence. For claim additional and subsequent to the General Land Office which will show the same to be the same as the claim of the claimant with his rank and his whole estate in contiguous such land in Henrico County. Also for the law on the right of priority of grants such land in Henrico County at large was in the Section of the
Statement of Superior Court of the War Department line and of the Va state line and of State Wavy who have drawn priority land for a service of during the war

A list of Superannuary officers of the Virginia Continental line who have received Bounty land beyond Six years and to the end of the war arranged in Alphabetical Order (Then)
1 st John Briscoe Capt. Drew on 26 th April 1800, 4000 acres given on the 11 th of Feb y 1808, Drew for two years additional land 2 nd Wm Boyle Lt. Drew on 5 th of Jan y Jan y 1785, 2666 acres and again on the 7 th of July 1807 Drew for 21 months additional land 3 rd James Barnett Lt. Drew on 15 th April 1809 for 2 years Service 4 th Abraham Brannan Col. Drew on the 1 st of Sept r Oct r 1810 for six years and two months Service 5 th Wm Cunningham Maj. Drew on 10 th of June 1783, 5333 acres and again on 24 th March 1809, Drew for two years and two months additional Bounty land 6 th James Craig Capt. Drew on 6 th of Dec r 1783, 4000 acres and again on the 23 rd of July 1842, Drew 1166 acres of additional land 7 th Robert Elliott Lt. Drew on the 21 st of Jan y 1806, 2666 acres and again on the 12 th Feb y 1808, Drew for seven months additional land 8 th Nathaniel Flet Capt. Drew on 20 th of May 1783, 4000 acres and again on 19 th Feb y 1808, Drew for one year and again on the 30 th March 1800 he drew for 9 months additional 9 th Ralph Foulke Lt. Col. Drew on the 29 th Jan y 1808, 5333 acres and again in December 1810 Drew 2333 acres additional Service as a Superannuary Lt. Col. 10 th Peter Gistland Capt. Drew on the 8 th May 1783, 4000 acres and again on the 20 th March 1809 for 22 months additional 11 th Benjamin Holman Capt. Drew on the 17 th Sept r 1782, 4000 acres and again on the 15 th Sept r 1796 Drew for 2 years additional 12 th Thomas Hunsicker Capt. Drew on the 11 th of April 1800, 2666 acres and again on 31 st Dec r 1807 for 22 months additional 13 th James Knox Maj. Drew on the 6 th Dec r 1783, 5333 acres and again on the 14 th June 1805 for one year and again on the 14 th of Sept r 1807 for 10 months additional 14 th Richard Hunsicker Capt. Drew on the 21 st of May 1800, 4000 acres and again on 5 th of Oct r 1807 for 21 months additional 15 th Nathaniel Lucas Capt. Drew on the 30 th of June 1784, 4000 acres and again in 1820 additional allowance of 1111 acres 16 th John McAdam Capt. Drew on the 29 th of June 1784 and again on the 8 th of July 1809 for one year and 10 months additional 17 th John Montgomery Capt. Drew on the 15 th of April 1800, 4000 acres and again on 16 th April 1807 for 10 months additional 18 th Peter Minor Capt. Drew on the 13 th May 1804, 4000 acres again on the 21 st of April 1807 for 22 months additional 19 th Nathaniel G. Morris Capt. Drew on the 15 th of October 1809 for seven years and two months Service 20 th John Peyton Capt. Drew on the 17 th June 1782, 4000 acres and again on the 12 th of Feb y 1808 for 22 months additional 21 st Lt. Andrew Raper Maj. Drew on 20 th of Dec r 1784, 5333 acres and again in 1821 about 1700 acres additional 22 nd William Rogers Captain Drew on 18 th of June 1783, 4000 acres and again on the 6 th of Jan y 1808, 20 months additional 23 rd Lt. Alexander Rose Capt. Drew on the 17 th June 1785, 4000 acres and again in 1807 Drew for one year and eight months additional 24 th Col. Abraham Shepherd Capt. Drew on 5 th of April 1783, 4000 acres and again in March & April 1807 for 2 years & five months Service 25 th Robert Sayer Capt. Drew on 27 th of Dec r 1784, 4000 acres and again on the 18 th March 1805 for one year and on the 16 th Sept r 1807 for 10 months Service

 26th Henry Station It drew 26th Jan 1802, 2666 acres and again in the 18th, 4th, drew for one more and 8 more the additional  27th George L. The above the Capt. Drew an 28th Jan 1810, 4611 acres for a service to the end of the war  28th John Dickey. It drew on the 14th Sept 1809 15th April 1810 for 7 years service on the 12th February 1808 for 10 more this  29th Robert Young It drew on the 11th Sept 1809 for 8 years 
The foregoing is a list of the superannuary officers of the Virginia Continental line who drew land for a service to the end of the war as it will at once be perceived that when an additional quantity of land was granted that it is for the excess of six years from the time of entering the service to the end of the war 1803 the law when first was proclaimed. The evidence of the foregoing statement see the list of Virginia land warrants to be found in the office of the same. The evidence of these officers being superannuaries the Commonwealth of Virginia is referred to that part of the Washington papers on file in the State Department where he will find the list of most of the regiments of the Virginia line and the emancipation of the Virginia line at White Plains New York on the 14th of Sept 1780. This list is without credit or dispute it having the official certificate and signature of the officer in command.
The following is a list of superannuary officers of the own state line and state navy who have received bounty and for a service to the end of the war and who have received half pay from the government of the Court of Appeals of VA or of the United States under the 3rd section of the act of Congress of the 5th of July 1782 (three)
 1st Lt. Thomas Brumfield Capt. Drew on the 22nd of Nov 1802 4000 acres and again in the Spring of 1830 776 acres of additional land. This claim has been paid by the Commonwealth of Virginia since the war early in the year 1782  2nd Lt. John Wilson It drew on the 11th Feb 1803 6000 acres and on the 18th Nov 1830 acres of additional land. This claim has been paid by the United States from either 6th of Feb 1781, or 6th of Feb 1782 half pay to the end of his life.  3rd Lt. Richard Warner Capt. Drew on the 3rd June 1803, 5333 acres and again on 30th July 1830 15 more additional land. This land was for a service to the end of the war yet the judgment was obtained in the Court of Appeals vs the state for half pay from the 6th of February 1782  4th Lt. Thos. Brumfield Capt. Drew on the 21st of July 1830 for a service to the end of the war. See the certificate of the governor and council granting this land for a service of 7 years. This claim has been rejected by the government. The certificate of the executive not being entitled to credit when to be applied in support of a claim that is the case of Lt. Field. This certificate is good and entitled to full credit when to be used against the claimant notwithstanding all superannuaries were contributed by in services to the end of the war.  5th Lt. Joseph Brumfield Capt. Drew on the 9th March 1783, 6666 acres of land and again on the 9th of January 1840 drew 2448 acres additional equal to 7 years service. 

get this loan has been settled by this same Commissioner and paid from 21st Dec 1781 or 1st Jany 1782 -
6 The William Conway Capt Drew on the 28th Dec 1783, 4000 avrs and on the 19th March 1782 Drew for 12 months additional yet this claim has been settled by this Commissioner and paid from 1st of Jany 1782 -
7 The Alexander Dick Capt Drew on the 29th Jany 1784, 5333 avrs again in 1832 & 1833 avrs additional paid. Yet this claim for half pay has been allowed by the Commissioner and paid from the 1st of Dec 1783 -
8 The Anthony De Bono Surgeon Drew on the 16th Dec 1783 6000 avrs and again on the 13th July 1809, for two years additional yet in this case the Court of Appeals gave a judgement for half pay from the 1st of April 1783
9 The George Gibson Col Drew on the 4th of March 1786, 6666 avrs and again on the 28th July 1830 for two years additional, yet in this case the Court of Appeals gave a judgement for half pay from the 1st of February 1781
10 The Arthur Harris, Capt Drew on the 20th March 1784, 5333 avrs again on the 1838, 1333 avrs additional paid. Yet the Commissioner within the last 12 months has paid this half pay claim from 1st of Jany 1782
11 The John Murray Capt Drew on the 26th of June 1783, 4000 avrs and again on the 16th Dec 1831, 16 months additional yet. The Court of Appeals gave a judgement in this case for half pay from 22nd of April 1783
12 The John Marshall Col Drew on the 10th of July 1783 6666 avrs and again on the 28th of March 1831 15 months additional yet in this case the Court of Appeals gave a judgement for half pay from 6th of February 1782
13 The Charles McGill Major Drew on the 17th Dec 1783, 5333 avrs and again on the 8th Dec 1830 for one year additional yet the Court of Appeals gave a judgement in this case from the 18th of April 1783 to which period he had previously been paid by Dr -
14 The George Martin Col Drew on the 12th Dec 1782 6666 avrs and again in 1834, 1810 avrs additional paid. And this claim has been paid by the Secretary of the Treasury from the 1st of April 1783 the time previously paid half pay to be to wit from the 8th July 1781 to this day
15 The Thomas Mince Capt Drew on the 15th June 1800 for 8 years yet this claim for half pay has been admitted by the Commissioner from 22nd April 1783 -
16 The John Saunders Capt Drew on the 20th May 1783 - and again on the 1834, additional paid of 946 avrs equal one year or more yet this claim has been allowed by the Commissioner from 1st of Jany 1782 -
17 The Henry Bowles Lt. Drew on the 7th March 1783, 2666 avrs, and again on the 17th of August 1798 for one year additional yet the Court of Appeals gave a judgement in this case for half pay from the 6th of February 1782
18 The Knight Westcoat Capt Drew on the 10th of April 1783, 5333 avrs and again on the 25th July 1835 2222 avrs, additional yet the Commissioner has allowed this claim from the 1st of Jany 1782

19th. Col. Nathl. Welch Capt. Know on the 26th of April 1853 has since and again on the 7th Decr 1852, Know for one year, & four months additional, yet this claim has been passed & paid known 6th Feby 1851, or 1852 - 20th. William Wilson Capt. Know on the 3rd of April 1854 - 5333 acres of land and again in 1854 Know 943 acres of additional land. Yet this claim has been allowed and paid by the Comminers from the 1st of January 1852 -
The foregoing are the names of the officers of the Virginia State line and State Troops who have received additional mustering land as supernumeraries for a period of service to the end of the war. Also all of which since and except one Capt. Prather have received half pay either by judgment of the Court of Appeals of Virginia or by the Secretary of the Treasury of the United States or Commission of Pension under the Pro- vision of the Act of Congress of the 5th of July 1832 and all of them commenced the half pay at period previous to the end of the war to wit from 6th Feby 1851 the earliest period when commu- -ced up to 22nd of April 1853. Yet all have received a mustering land for a period to the end of the war. As all supernumeraries whether of State or Continental have done since there were no more than six years from the time of commencement to the 3rd of March 1853 the time of the Proclamation of Peace - For the evidence of the statements here set forth the Commu- -is referred to the books and records in his own office and to the numbers on file in the Treasury Department of the claims paid by the Secretary of the Treasury. Also to the list of judgments obtained against the Commonwealth of Va in March 1850 and afterwards confirmed by the Court of Appeals. To the report of the Committee for the pay of these claims at the session of Congress of 1831. 2 of which John H. Marlowe was Chairman In his own office for all lands of which the Government were gran- -ted prior to Septm 1833 and for any supernumerary -as shown additional land would have if paid subsequent -to that time. He is referred to the books in the General Land -office which will show the same to wit the list when issued the -ers of any additional the name of the officer with his rank -and line whether State or Continental - Also for the law or authority of granting such land see Hume's Statutes at large Vol II the Page the and Section of the
Statement of supernu- -merary officers of the Va- -contingent line and -the Va State line and -State Troops who have -been granted land for -service of service -the war

Know all men that I John F. May of Dinwiddie County and State of Virginia do hereby certify that the estate of Theophilus Field deceased a Lieutenant of the Virginia State Cavalry in the war of the rebellion do hereby constitute and appoint Thomas H. Ryley my true and lawful attorney with power of substitution for me and in my name to demand and receive from the proper officers on the pension at Washington City any sum then due and amount of half pay in right of his said services as Lieutenant of Cavalry beyond the sum heretofore received from the United States under the third section of the Act of Congress of the 5th of July 1832 intitled An act to remunerate Virginia and my said attorney is hereby authorized and empowered to do and perform all manner of things touching the same which I myself might do were I personally present In witness of which I have set my hand and seal this 22nd day of May 1846
J. F. May
Town of Petersburg State of Virginia } Personally appeared before me the sub- scribed } ss known to me a justice of the peace in and for said Town, John F. May also of said Town signed and sealed to the foregoing power of attorney and acknowledged the same to be his voluntary act and seal for the purposes therein named. Signed sealed and acknowledged before me this 22nd day of May A.D. 1846
James B. Gooch Mayor
I qualified as the adminr. of Thos. Field in the orphan court of Washington some 8 or 10 years ago
J. F. May

Pueblo Colorado.
Jan, 4, 1937
Veterans Administration Bureau,
Washington D. C.
Gentlemen:
Will you please send me a copy of the Revolutionary War records of:
✓ Theofolus Field Lt. Montgomery County Va .
✓ S tephan Field Lt. Montgomery County Va .
John McKinney Sert. Montgomery County Va. 5-7-2v
Are there any records to show the names of their parents or wives or children?
I would like this information to help me establish my eligibility to the D. A. R.
Thanking you kindly,
Yours very truly,
no signature? Mrs. R. J. Henry,
212 Dunsmere Ave.,
Pueblo Colorado.